Dykstra, Don v. The State of Texas--Appeal from Co Crim Ct at Law No 10 of Harris County

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Dismissed and Opinion filed March 13, 2003

Dismissed and Opinion filed March 13, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00187-CR

NO.  14-03-00188-CR

NO. 14-03-00189-CR

NO. 14-03-00190-CR

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DON DYKSTRA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 10

Harris County, Texas

Trial Court Cause Nos. 5323, 5324, 5325 & 5326

M E M O R A N D U M O P I N I O N


After a jury trial, appellant was convicted in municipal court of four offenses of failure to maintain a required fire assembly on January 18, 2001. Punishment was assessed as a fine of $250 in cause number 5326, a fine of $500 in cause number 5325, a fine of $1000 in cause number 5324, and a fine of $2000 in cause number 5323. Appellant filed an appeal of these convictions to the County Criminal Court at Law, and on December 30, 2002, the presiding judge of the county court signed a judgment affirming these convictions. No motion for new trial was filed. Appellant filed a notice of appeal for all four cases to this Court on January 30, 2003.

On February 21, 2003, notice was transmitted to appellant that the Court would consider dismissal of his appeals for want of jurisdiction because his notice of appeal was untimely. This Court=s notice permitted appellant to file a response on or before March 4, 2003. No response was filed.

A defendant=s notice of appeal must be filed within thirty days after the trial court enters an appealable order when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). A notice of appeal which complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Under those circumstances it can take no action other than to dismiss the appeal. Id.

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed March 13, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex. R. App. P. 47.2(b).

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